NigelLithman QC

Leading Criminal Barrister &past Chairman of the Criminal Bar Association

Leading Criminal Defence Barrister | Biography

Nigel Lithman QC is one of the UK's leading criminal defence barristers. With nearly 40 years experience at the top of his profession and 18 years as a QC, he is regularly recommended as one of the UK’s leading criminal QCs by the Chambers and Partners Guide to the Legal Profession.

A highly respected jury advocate, Nigel has been described as a "gutsy fighter", "a great all-rounder whom juries clearly love", and "the go-to man when you need someone to cut to the chase and make things accessible to the court".

Referred to as "hardworking" and a "robust defence advocate" by the Legal 500, his successful reputation has been built on his outstanding advocacy skills and client care. Nigel also has extensive experience of sitting as a part-time judge in criminal cases, primarily at the Old Bailey, and uses the insight this provides to inform the way in which he advocates on his clients' behalf.

Approachable and engaging, Nigel is "at home" in the courtroom, adopting a unique blend of energy, enthusiasm and persuasive skill with his trademark sense of humour to communicate effectively with the jury on behalf of every client. A master tactician with an encyclopaedic knowledge of forensic science, his approach is the antithesis of the stereotypical image of a "remote, stuffy" legal representative. He puts client care and commitment at the top of his agenda and describes himself as "robust and determined but with a friendly character." The Chambers UK Directory notes that he is able to "rule the roost without crowing too loudly about it".

In 2014, Nigel was elected by his peers as the Chairman of the Criminal Bar Association to represent the interests of its 5000 members. At a time of unrivalled threat to the future of the criminal bar due to proposed government cuts, he led the dialogue with the most senior Judges in the land as well as the Lord Chancellor, Attorney General and the representatives of the Ministry of Justice. In his dealings with government, he showed the same strength of purpose and determination that he brings to every case and achieved the goal of making the government reverse its stated position, whilst retaining the respect of the Judiciary.

In the last year alone Nigel has been engaged in two Joint Enterprise murder trials which culminated in acquittal and an appearance in a long and complex film Tax Fraud. Nigel also spends a great deal of time in the Court of Appeal and the breadth of cases he takes on is a testament to his extensive knowledge across all areas of criminal law as a leading criminal defence barrister.

The go-to man when you need someone to cut to the chase and make things accessible to the court.

Joint Enterprise & Cut throat Defence

As a leading joint enterprise and cut-throat barrister, in 2014 and 2015 Nigel continued to represent those alleged to be involved in joint enterprise attacks and killing of others. At the end of a 3 month trial at The Old Bailey his client Wail Alawi was acquitted by the jury after being in a car at the scene of a murder. The same result was achieved upon submission to the Judge in Chelmsford in R v Tahmid Alam

In the last five years, Nigel has frequently appeared for those not actually wielding a murder weapon but alleged to be otherwise somehow involved. In 2014/ 2015 this speciality area within the umbrella of “murder/manslaughter”, saw Nigel involved in four separate joint enterprise/cut throat murder trials, three at the Old Bailey and one at Snaresbrook Crown Court. In each of these trials, the defendant was alleged to have participated in murders or armed robberies and denied the charges on the basis that he was present without knowing a crime was to be committed.

Another feature of these cases is where another Defendant has sought to escape justice by blaming Nigel’s client for committing an offence. Known as a fearless advocate, Nigel does not flinch where necessary to point the finger back at that person in order to establish the true position of his client’s innocence.
By way of example:

R v Lawrence Bennett: Juvenile alleged to be the stabber in multi handed knife crime at the Old Bailey - acquitted.

R v Beavis – Not Guilty verdicts (murder and manslaughter) secured for a well known welterweight boxer whilst on trial with others.

Murder & Manslaughter

With over 38 years of experience, 18 of them as a QC, Nigel is one of the UK’s leading murder and manslaughter barristers, and has accumulated a wealth of experience in both prosecuting and defending murder/manslaughter trials. He has appeared in well over 100 murder trials during his career. His enthusiasm remains the same as ever, only his skills have increased.

Within this category, he has defended in a series of child/family murders, “cut-throat defence” gangland murders and corporate manslaughter cases. Through his dealings with forensic experts ranging from pathologists, blood spatter, gunfire residue, ballistics, fire, forensic psychologists, medical specialists, psychiatrists and forensic accountants, Nigel has gained a vast technical knowledge of the forensics associated with murder charges and the key ability to undermine expert testimony where required.

Within the last five years, he has secured acquittals in the large majority of murder trials including successfully representing a defendant twice charged with murder at the Old Bailey.He successfully secured the acquittal or dismissal of the murder allegation by a jury in 9 trials, all within an 18 month period and continues to do so.

Recent trials of note include:

MURDER:

R v Clarke; Nigel secured Mr Clarke’s acquittal twice of murder within an 18 month period. On both occasions, it was suggested that he was the person that wielded a knife. On both occasions, he persuaded a jury that although present Mr Wright was not involved. .
R v Beavis: obtained Not Guilty verdicts for murder and manslaughter for a well known welterweight Boxer whilst on trial as a joint party to murder.
R v Parrott: acquitted of murder in a Cut throat multi handed murder trial.
R v Z: this case was one of many where Nigel has successfully represented Polish nationals. Z was acquitted of murder of his employer. He had come to the premises that she owned and bludgeoned her to death. His account that he had not meant to kill her was accepted: Verdict of manslaughter (“no intent”) achieved.
R v C: it was said that Mr. Chatrajan came to the U.K. from Azerbaijan specifically to assassinate a fellow countryman, who was then killed. Although present at the scene, the jury accepted another man also at the scene was responsible for the murder. They acquitted the defendant.

MANSLAUGHTER:

Such Manslaughter cases arise in many different and often technical ways. By way of example:

R v LARKLAND MAY: Nigel defended a van driver who had parked his van at the top of a busy hill in central London. It was alleged that due to his failure to properly apply the handbrake, it rolled downhill, crushing two pedestrians to death. Nigel secured his acquittal of manslaughter by persuading the jury that these deaths were due to an engineering defect in the vehicle demonstrated through expert evidence combined with a tragic coincidence of facts.

In R v HOOPER, through use of legal argument, Nigel secured the acquittal of the proprietor of a nursing home charged with manslaughter as a result of overseeing the administration of the incorrect drug allocation that led to the death of a patient. Ms. Hooper was alleged to have been grossly negligent in permitting a nurse who returned to work during a serious illness to be in charge of distributing drugs.

FAMILY FATALITIES:

Nigel is frequently instructed in highly sensitive cases, often involving fatalities within the family and a need for the sensitive handling of cross examination of young vulnerable witnesses . He has represented the defence in over 20 cases involving crimes alleged to have been committed by family or close relations including spouses killing or harming each other, parents killing or harming their children or children killing or harming their parents. He has defended a number of parents charged with causing non – accidental trauma to babies, invariably leading to fatality. Such “Baby Shaking Cases” are highly technical involving difficult medical concepts and examination of medical experts (see further under Medico-Legal). In R v Paton, Nigel secured the acquittal of murder of a battered wife who killed her husband.

JOINT ENTERPRISE and “CUT THROAT” MURDERS:

In the last five years, Nigel has frequently appeared for those not actually wielding a murder weapon but alleged to be otherwise somehow involved. In 2014/ 2015 this speciality area within the umbrella of “murder/manslaughter”, saw Nigel involved in four separate joint enterprise/cut throat murder trials, three at the Old Bailey and one at Snaresbrook Crown Court. In each of these trials, the defendant was alleged to have participated in murders or armed robberies and denied the charges on the basis that he was present without knowing a crime was to be committed.

Another feature of these cases is where another Defendant has sought to escape justice by blaming Nigel’s client for committing an offence. Known as a fearless advocate, Nigel does not flinch where necessary to point the finger back at that person in order to establish the true position of his client’s innocence.
By way of example:

R v Lawrence Bennett: Juvenile alleged to be the stabber in multi handed knife crime at the Old Bailey - acquitted.

R v Beavis – Not Guilty verdicts (murder and manslaughter) secured for a well known welterweight boxer whilst on trial with others.

Criminal Appeals

Nigel works regularly as a criminal appeals barrister in the Court of Appeal, increasingly instructed in place of the original trial counsel due to being one of the UK’s leading appeal barristers. These can be of the most serious and technical nature , but just as likely to be where an individual seeks to correct what he views as a miscarriage of justice, whether the case be grave or not.

In 2015 one such case involved an appeal against a serious domestic rape allegation whilst another POCA finding, within which the novel point of law he argued, found favour in the Court of Appeal. In 2014, he was instructed in the appeals of two cases of murder and rape where he was not the original trial counsel.

In R v P.S. [2013], P. S.appealed against a murder conviction of 2004 allegedly committed when he was a 17 year old suffering with Aspergers Syndrome. His family believed him wrongly convicted and Nigel agreed to take this particularly complex case to the Court of Appeal and to seek to resurrect it 9 years later. He argued before the Court that there should have been proper evidence from a psychiatrist as to the impact of Aspergers on the appellant’s ability to form an intention to kill as well as obtaining new evidence from an eminent pathologist as to the cause of death. As part of his commitment to client care, Nigel spent time with the family in conference before seeing the appellant and helped them every step of the way before actually presenting the case.

R v O. [2012] was one of the most serious of cases Nigel agreed to take to the Court of Appeal, this for a husband charged and convicted of the double shotgun murder of his wife and 2 year old child. The original court sentenced him to imprisonment for the whole of his life. The appeal, before the Lord Chief Justice, argued that whole life sentences were wrong in law as well as in fact. The principle of whole life sentences was then considered by the European Court of Human Rights in June 2013, who claim that the principle is unlawful.

Fraud & Financial Crime

As a leading fraud barrister Nigel spends a part of every year leading in VHCC cases involving allegations of “white collar crime”. Varying in nature (such as MITC & boiler room frauds), size and trial length, they are each of vital importance to the individual charged. He has defended in several well known and long running Operations brought by HMRC including Euripus (MITC carousel fraud, client acquitted), Capri, Divert & more recently Rosary. These cases were paper heavy (VAT?) frauds upon the Revenue, involving allegations running to hundreds of £millions.

In 2014, he concluded the representation of a Director of a mobile phone company in what was viewed as “a remarkable result”. Nigel continues to undertake such trials all around the country, for those charged with all aspects of financial crime associated with or independent of cases in which he has appeared, including P.O.C.A. proceedings.

Nigel is frequently instructed to represent professional individuals facing allegations of fraud. Most recently, in R v Bache (2013), he represented an accountant charged in a nationwide Building Industry fraud. Successful at trial, he went on to defeat the prosecution in their appeal to the Court of Appeal. He is also currently instructed to represent another accountant charged with conspiracy to defraud at trial fixed for 2016. Operation Hornet is currently the largest fraud case slated to be tried in Southwark Crown Court for six months.

In R v Malik (2012) a prosecution brought by the Serious Fraud Office, despite what may have at first appeared to be overwhelming evidence, he secured the acquittal of a solicitor charged with offences in connection with a series of high value commercial mortgage frauds leading to the loss of £50m. In R v Eden, her represented the Chief Executive of a P.L.C charged with falsifying information to affect end of year figures and share prices.

In 2015, having successfully obtained leave on a question of law in Confiscation proceedings, he is due to appear in the Court of Appeal on the question of hidden assets. In R v Rasool - another confiscation case, the Prosecution sought to recover £16 million and actually recovered £85,000

In 2012 he represented Pruthi in “the largest and longest running Ponzi fund ever to come before the courts of this country”. This Ponzi Scheme fooled up to 700 victims out of £115m.

During 2012 Nigel also successfully defended in a four month trading standards case in which he represented the three directors of a substantial company acquitted of conspiracy to defraud. All that the prosecution succeeded in securing a conviction upon was a minor regulatory matter, for which the Defendants received community penalties.

He appeared in Ainscough: Money laundering, class A drugs conspiracy

Health & Safety / Gross negligence manslaughter

Nigel enjoys an extensive, highly technical Health and Safety practice as one of the UK’s leading heath and safety barristers. His ability is rounded by the experience of both prosecuting and defending individuals and companies in a large number of cases, ranging from gas explosions, drowning in a public lake, collapsing cranes and other cases of vehicular manslaughter. He has lead two of the barristers who co-authored the leading text book on Health & Safety Law on a number of occasions. The range of cases include :

In R v Whiteley Village, he advised the Health and Safety Executive as well as ultimately the Director of Public Prosecutions (DPP) on the prosecution of 13 trustees to a charitable foundation of a village following an explosion.

In R v W.D. Bennett, he successfully prosecuted two companies arising from cranes collapsing, killing or injuring three individuals.

In R v Napier, he defended the driver of a collapsing lorry with a Hiab lifting crane aboard causing one fatality and one serious injury. The trial necessitated an analysis of the main working parts of the hydraulics involved in lifting and moving loads.

He has also represented Maldon District Council concerning a person drowning in a corporation swimming pool

He has undertaken numerous gas explosion cases occasioning death either by carbon monoxide poisoning or fatal injury, representing either the gas fitters or landlords.

Regulatory Tribunal

Nigel has appeared as advocate on numerous occasions in many diverse spheres of disciplinary work as a leading tribunal barrister. He has appeared in cases not just involving police officers but also doctors, nurses, before education tribunals and even a butcher before his licensing authority. Irrespective of the forum, these cases each had significant bearing on the future professional life of the individual concerned, and demanded outstanding advocacy skills to secure the best outcome.

Nigel has been instructed frequently on behalf of the Police Federation to represent high ranking police officers both at the magistrates and Crown Court and in Police Disciplinary matters. By way of example, he successfully represented the Deputy Chief Constable of Essex in a private prosecution brought by an animal rights group. In Operation Apache, he represented a police sergeant allegedly associated with the murder of Tate and others in the Rettendon killings.The case of R v Joseph involved alleged police brutality by a custody sergeant against an accused being transported from his cell. Nigel is an occasional visiting lecturer on topical matters to the Police Federation.

He has represented several doctors before the GMC (for example R v S, a case involving unlicensed cosmetic surgeries and the alleged misuse of botox), nurses before the NMC and a young student at Oxford who faced being sent down for allegedly cheating in exams. In common, these cases brought together two of Nigel’s best known attributes: an empathy towards the individual whose livelihood was at stake combined with his skill as an advocate.

During 2012 in DIAZ, in a four month trading standards case, he successfully represented the three directors of a substantial company charged with conspiracy to defraud. By the end, the prosecution secured a conviction only upon a minor regulatory matter, for which the Defendants received community penalties.

In the course of his career, Nigel has also appeared as advisor to different regulatory panels including the Nursing & Midwifery Council.

Medico Legal Work

There has been a rapid expansion in this area and as one of the UK’s leading medical barristers Nigel has become intensely interested, knowledgeable and adept at representing those charged with crimes linked to medical issues. These include crimes committed whilst suffering with mental illness, autism, aspergers or other psychological conditions.

The ITV programme Real Crime: “A deadly secret” was based on R v Stocker, where he secured the acquittal of murder of a mother charged with killing her child by salt poisoning. The mother suffered from the syndrome Munchausen by Proxy. This 3 month Old Bailey trial involved evidence from over 60 staff, medical and psychiatric experts, mainly based at Great Ormond Street hospital.

In the case of R v Johnston, Nigel secured the acquittal of a son charged with the murder of his father during an epileptic fit, successfully using expert testimony to establish the impact of medication on his mental state and that the correct plea was to manslaughter: diminished responsibility rather than murder.

“Baby Shaking Cases”

Nigel has acted in eight separate cases of parents charged with causing non – accidental trauma to babies, invariably leading to fatality. These are highly technical cases involving difficult medical concepts and Nigel has developed a real understanding of the specialist medical issues in these cases, benefitting from both prosecuting and defending in a number of these trials.

In R v Patterson, at the Old Bailey, Nigel secured the acquittal of a wife accused of murdering her husband by successfully establishing that she was suffering from “battered wife syndrome” at the time of the killing.

Road Traffic

Nigel has represented those charged with a wide range of traffic offences as a leading traffic offences barrister. Whilst not always the most serious of crimes, very often they represent a worrying episode in the client’s life. Nigel appears as a matter of regularity in the Magistrates court, Crown Court and Court of Appeal in relation to allegations falsely made to the prejudice of the road user, all the way up to occasioning fatality on the road, either in a car or commercial vehicle.

He frequently represents those charged with death caused by dangerous driving, at one stage he was nominated counsel to the campaign involving drink driving. The case of T involved a death allegedly caused by the dangerous driving of the head of a travelling community moving fairground equipment. This year Nigel has advised in consultation a man in his 80"s whose vehicle collided with a pedestrian whilst not under his control. Nigel as in many fields is prepared to accept instructions either through a solicitor or by Direct Access to him.

Professional Client Work - Solicitors, Barristers, Accountants etc.

As a leading professional client barrister with over 38 years experience Nigel has represented professional people both in the courts and before tribunals. This includes the BSB, SRA and other disciplinary bodies. His attention to detail is unstinting as is his continuing commitment to being there for his client.

In R v B. he represented an accountant charged with fraud within the Building Industry.
R v M. A solicitor charged with a mortgage fraud.
R v K A book keeper used as a “fall guy” for a group of fraudsters.
R v H A City trader charged with a film tax fraud.
Re T . A Head of Chambers staving off a suspension before the BSB
Nigel is currently instructed to represent an accountant in a trial involving 177,000 pages of material.

Sexual Offences

Throughout his career as one of the UK’s leading sexual offences barristers Nigel has regularly defended those charged, often wrongly, with offences of a sexual nature, either within the family or between relative strangers. These are allegations easily made and difficult to refute. In the Crown Court he has successfully represented those wrongly accused with committing rape or other sexual assault against strangers or relatives, adults or children. As in all cases, Nigel fights tirelessly for his clients and never allows them to feel abandoned or alone.

The variety of cases have included representing members of the priesthood and, most recently in 2014, was successful in representing a prominent member of the Jewish community charged with indecent assault. The allegation was discontinued.

Recently Nigel represented the managing director of a company for attempting to pervert the course of justice. He was allegedly involved in trying to cover up an act of indecent assault on a waitress at Chelsea Football Club by one of his guests during a hospitality event. He was acquitted by the jury.

Nigel is also certified to sit as an approved Recorder in Serious Sexual Offences cases.

Drugs and General Crime

As a leading drugs charge barrister, Nigel believes that all clients require and deserve the same robust defence, whatever they are charged with and whoever they are. Whist Nigel is used to representing the most serious of criminals (as in the case of R v Stone where he appeared at the Old Bailey for the only Defendant to be acquitted in an armed robbery conspiracy), he applies the same skill, expertise and experience for his clients charged with drug-related offences

He appears regularly in the Magistrates Court. For instance last year in a case alleging a schoolboy indecently assaulting the children for whom he babysat. He also regularly appears in road traffic cases in the same courts.

But equally he has appeared in such cases as :

R v L : An alleged drug cultivator using major parts of a disused old mill in Manchester for the purpose, in which firearms were found.

R v M.H : Nigel was parachuted into the trial halfway through owing to dissatisfaction with the assigned counsel in order to take it over .

R v F.C. : An old Bailey trial of a man charged with 4 armed robberies.

R v Gungor Tekin. Nigel represented throughout the appeal process for this ex Turkish International footballer in a major heroin importation case.

Direct Access

With over 38 years of experience, 18 of them as a QC, Nigel is one of the UK’s leading direct access barristers. Nigel is content to not only be instructed via a solicitor, but in appropriate cases to accept Direct Access from the public and has total awareness and commitment to equality and diversity within his practice. Of course the advantages of one lawyer, a “one stop shop” are obvious to all.
He has completed both the basic and top up prescribed courses and is in an excellent position through experience and administration to offer this service.
He has a true diversity of clients including from within the Jewish religious community

If you wish to discuss the most appropriate representation as well as your particular case, Nigel will always meet with you at his chambers on a no fee basis.

R v Alam

R v Weisz Court of Appeal

R v Stocker

Mother accused of murder of her son , whilst suffering from Munchausen By Proxy Syndrome. Highly technical medical evidence at the Old Bailey.

Re Whiteley Village Estates

Advising Health and Safety Executive re prosecution following an explosion on an estate governed by Charitable trustees.

R v Johnston

Manslaughter whilst suffering from rare form of epilepsy.

R v RG

Court of Appeal case against domestic rape.

R v Smith Court of Appeal

Killing by a young person whilst suffering from Asperger’s Syndrome.

R v Oakes Court of Appeal

Part of conjoined appeal against whole life sentences before the Lord Chief Justice. Principle ultimately decided in Europe.

R v Napier

Health and Safety. Representing a road haulier following a fatality arising from failure to put out stabilisers.

R v JH

Representing City Trader in a film scheme Tax fraud

R v Bache

Representing an accountant in Building Industry Tax fraud.

Public Speaking

Nigel is an exceptionally popular and entertaining after dinner speaker, and public speaking engagements have formed a prominent part of his life both at and outside of the Bar.

Whilst his wit comes from his clever use of language and a wealth of jokes and anecdotes, his content is based on his involvement in some of the most prominent trials in the country. Fact is larger than life, and the way Nigel tells it, it is most certainly stranger than fiction!

From his experiences at the Bar to hilarious and terrifying moments in court, he now adds dealing with the government to his rich storyline - as Nigel lead the Criminal Bar out on strike for the first time in 400 years!

Nigel's wit, affability, and charm have made him a very attractive guest speaker at Societies’ Dinners, as well as a popular choice for hosting weddings and as compére for charity events. He tailors his speeches to the event and the audience, and his speeches are rarely forgotten.